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Ox\ THE LATE 

HON. THEOBOBB GAII.3iARD» 

One of the Judges of the Cowt of Common Pleas y and formerly 
« Chancellor of South Carolina, 

DELIVERED, 

jlGREEABLT to appointment, in ST. MICHAEL'9 CHPRCHj 

2MEA7 19, 1829; 

BY WILLIAM LANCE. 



' Quidenicn tarn dislans, quam a severitate comitasT Quia tanen un> 
qoam te aut sanctior est habi(us ant dulcior ? Quid tarn difficile quam iq* 
plurimorum controrersiis dijudicandis ab omnibus diligi? Consequeris 
tamen, ut cos ipsos, quos contra statuas, tequos placatosque dimittas. Itaqu« 
efficis, ut cum gratice causa nihil facias, omnia tamen sint grata, que facifl." 
— Orat.ai Brut. S. 10. 



PRINTED lY W. BILET, 110 CHURCH-STREEt. 
1829, 



^^ 



n^ 



"^^^ 



TO WM. LANCE, Esq. 

Dear Sir, 

Agreeably to tli© request of several Oentiemeii of tn» 
Bar, who were at the meeting which appoiateJ yon to cle- 
liver an Eulogy upon the late Judge Gaiilard, I heg the fit- 
vour of you to furnish a copy of your just and eloquent re- 
marks for publication. In being the organ of their request, 
upon this subject, pernait mc at the same time to add thai 
it will be a source of great gratificatioa to me to peruse 
what so much delighted me at the hearing. 

With great respect, your's truly, 

JOHN L. WILSON, 

May 25th, 18?9. 



Dear Sir, 

Agreeably to your request, I have sent you a copy of tie 
Eulogium on Judge Gaillard for publication. With consid- 
erations of respect and esteem, 

I am, dear Sir, 

Your Obedient Servant, 
AVILLIAM LANCE, 

June 15^ 1829, 
Hon. John L. Wilson- 



'HUM. 



OUR community, fellow-citizens, has by the 
^lispensaticn of Providence been bereaved of a 
•member* whose excellencies were the delight of his 
Tsocial circle, and diffused a steady lustre over his 
public career. Witliin a few weeks, there has 
descended to the tomb, but several years below the 
measure of a long human hfe, an individual whose 
private friends^lip many of us proudly andintimate- 
iy enjoyed, and whose honorable fame all of us 
have engraven on the "table of the memory" as 
connected with some interesting eras of the com- 
inonwealth. 

The office of sketchmg an outline of his striking 
characteristics has been assigned to one who ear- 
nestly wished to see it in hands, nearer to and asso- 
ciated with his meridian. The colleagues of his 
zenith, could more amply and justly recount his 
rise and ascent. To them it would be but a remin- 
iscence of scenes and things, that like the fashion 
of the world, have been shifting and passing away. 
To such it would be but a retrospective glance at 
the parts of our history in which they themselves 
had been actors, — at periods and events during 
which they too had flourished and figured. The 
office to be sure, confided to whom it may, is a 



melancholy one ; but molaiicholy as it is, the dis- 
charge ot it may be accompanied with some salu- 
tary effects and animating reflections. It reminds 
those, of a similar age, that il is the season for 
preparation, and that they should b?iry their colli- 
sions before they themselves are inurned. What 
were before objects only of incidental thought, 
might be brought closer to their observance. They 
might be induced to contemplate what should, and 
what ought, and what they expect and hope to be 
said of them when they also shall be gone, and the 
places tliey fill *' shall know them no more." It 
may be an excitement to some who have latterly 
hazarded a stake at renown, to recollect that their 
desire to be remembered can be gratified only by 
exertions in something worthy of remembrance. 

It is not, fellow -citizens, as an idle matter of 
course, and to lavish praises on the character of the 
deceased, (whose loss many of us deplore, and 
some V e know bitterly and irreparably feel,) that 
we have now been called togellicr. It is not un- 
meaningly to licar panegyrized in general extrava- 
gance, qualities and usefulness which in some par- 
ticulars, or in various degrees, are distinguishable 
in many (but only of the gified order of our spe- 
cies,) that you have been invited on this occasion. 
It is to see exhibited in no other aspect than merit 
exacts of truth, an intellect and a genius whicli, 
every man capable of appreciating them considered 
a rich possession. It is to present a merited and 
peculiar oblation fairly and equitably due to the 
memory of one whom death has parted from his 
country and his friends, and who occupied certain- 



ly no cunfined space in (he fortunes of Carolina. 
An Eulogium is but a correct delineation of the 
mental powers, the moral traits, the acquirements, 
the services of eminent men who have at important 
junctures received the confidence of tlieir country. 
The effort of him who assumes such an imderla- 
king, should be as direct and as independent, as 
that of the Sculptor or Painter whose design is to 
represent the persons and the lineaments of tlie li- 
ving or the dead. 

In this view of the memorials oftered to departed 
spirits, they may too be some consolation to afliic- 
ied hearts, which the affections of natiire must for 
a time plunge in grief and sorrow. The portraits, 
the statues of ancestors — ^^near or remote, though 
unhonoured or undistinguished, infuse sensations of 
pleasurable solemnity. They keep before t.he eyes 
of youth, of manhood and of old age, as it were, 
the presence of those with whom the first and inde- 
lible impressions of infancy are so universally and 
dehghtfully connected. If the preservation of the 
countenance, if the ^^counterfeit presentment" of 
the form can afford at times some comfort to the 
woes of survivors, if they transmit to descendants 
the resemblance of those whose shades they are 
taught to honor and venerate; the image of the 
mind, though imperfect and incomplete, may bring 
some alleviation to distress. It may excite an ad- 
ditional njotive to maintain the rank and integrity 
of a family. It cannot but be gratifying to the ra- 
ces who came after, to find recorded either in the 
archives of the historian, or in the tributary annals 
of private friendship^ that the name they bear has 



6 

done the Stale some service, and has been conspi^ 
xiuous and esteemed in memorable epochs. Why 
read we biography, why study that *' philosophy 
which teaches by examples ?" Is it simply to in- 
dulge a vague curiosity, or to annihilate heavy and 
heedless hours? The manes of Plutarch, of Ta- 
citus, of Johnson, of Gibbon, of Hume, would 
frown indignantly at such a perversion or forgetful- 
ness of the grand aim of their labors. 

It might too occur to us, my friends, in commemo- 
rations like th<3 present, that reviewing the course of 
a distinguished contemporary who has gone before 
them to another world, can never disparage the 
greatnt^ss or lessen the celebrity of the living. 
Such a tribute draws nothing from the treasury of 
si!rvivin<T fame. The truth uttered of him who is 
" gathered to his Qithersj" dispossesses of no laurel 
brows, still the shining ornaments of the land. 

Our lamented fellow citizen, the subject of this 
obitu^rv respect, received his nativity in the parish 
of St. Stephen, in this District. His ancestry 
both paternal and maternal, were of Huguenot 
origin, and of first and ancient respectability in 
France. Towards the close of the revolutionary 
conflict, he embraced the facilities of a patrimonial 
independence, to pursue in England the studies 
which conduced to his future destinies. He be- 
came a polished scholar. He a:ttained a perfect 
knowledge of the languago so universal in Europe, 
and spoke it with a familiarity, elegance and puri- 
ty nearly vernacular. Passing from the accom- 
plishments of the classics, and the polite literature 
ot the academy, he approached the Gpmin9nJ.4^w 



in her very oracular temple, the Inns of Court in 
London. Hia velocity of genius and superior-rate 
talents soon rose above the difficulties of that ar- 
duous study, which, (lo use the emphatic words of 
Edmund Burke) '^ is one of the first and noblest of 
human sciences ; a science which does more to 
quicken and invigorate the understanding, than all 
the other kinds of learning put together; but it is 
not apt, except in persons very happily born, to 
open and to liberalize the mind exactly in the same 
proportion." He was unquestionably ''so happily 
born." He displayed in a remarkable degree a 
combination of force and enlargement of capa- 
city with rapidity and brilliance of conception. 
His mental vision soon extended from the centre to 
the circumference of the orb he was to revolve in. 
No contractedness of thought, no narrowness of 
scheme, no limited or confined view of the profes- 
sional instruction he was acquirmg, could discover 
an inlet for their sordid influence, into an intellect 
at once so elevated and so far sighted. Law he 
Studied, iM)t merely as a livelihood and a medium 
of money -getting, but as the magical and invincible 
ilispenser under Heaven of equal justice and equal 
Ifights to his fellow- creatures. From her libraries 
^and volumes, his preconceived sentiments and sa- 
gacious comprehension readily amassed the know- 
ledge which justified him in foreseeing success and 
eminence. The power which enabled him soon to 
-master the great elements, could secure an easy 
rrpassage to the practice of his profession. Before 
returning to the land of his birth, to engage in the 
"^active scenes of the world, he added to his literary 



8 

i\uCi professional acquirements, the improvement of 
travel in an European tour. He was one of the 
very few of those who have in our re2;ion ascended 
the seat of justice, who enjoyed such an advantage. 
Not that the survey of countries, nations and man- 
ners foreign to our own, of necessity widens the 
range of the mental faculties. But if there is al- 
ready an expanse of intellect, enriched with the 
lore of learning, a keen and observing discernment 
and an inluitive insight into human nature, much 
valuable information may be gathered by scanning 
our species in various climates, under multiform 
governments and diversified religions. Its influ- 
ence though not distinctively marked from the other 
qualities of great talents, yet mingles with them in 
pervading the spacious field of usefulness to the 
public. At the period of Mr. Gaillard's arrival 
in Carolina, her bar could boast of some of ths; 
first and greatest lawyers in the United* States. 
This being matter of history, I need but refer your 
recollection to the splendid catalogue. It was a 
constellation whose effulgence cannot be outshone. 
May congenial luminaries through all times of our 
liberty, reflect an equal light on the system which 
surrounds them ! To be bright among such as then 
adorned the profession, is no, equivocal stamp of 
sterling celebrity. To be prominent among bril- 
liant orators, erudite jurists, finished scholars, and 
accomplished gentlemen, is an insurance of posthu- 
mous fame, which can never be weakened or en- 
dangered, while history is disinterested but in 
transmitting the truth, and men take a concern in 
what has past, as well a§ in the present, and in 



9 

that which is to come. As a practitioner at the 
bar, he was unsurpassed in uprightness, in judi- 
cious zeal, in ability in the cause of his chents; 
many of whom stiil spared to our society, I have 
heard speak of him with raptures of satisfaction. 
In the conduct of business the felicity of his genius 
arrived at its substance, while many were toiling 
through its forms. He went through it with the 
energy, alacrity and patience appropriate to the 
occasion. He employed no indiscrimmate ma- 
chinery. In the most important case, there was 
no parade, or hurry, none of that grovelling pomp, 
which is sometimes supplied as a substitute for real 
capacity, or resorted to as a shew of occupation, 
or a stratagem for employment. In all matters of 
his professional avocation, there appeared ease 
and regularity, without the tedious particulars of 
mere method. He lightened on the strong holds 
and '• vantage ground" of his cause, while some 
by slow degrees were wading through intricate and 
unimportant minutiae. Though he studiously re- 
garded the technical apparel of the law when inter- 
woven with the essential merits of a case, he dis- 
dained the wiles and nets which to the " shadow 
of wisdom" only are serviceable as instruments. 
He carried his aim upon its intrinsic worth. If 
he lost it, the client was always content that justice 
was done him by his counsel, though he might 
murmur at what he conceived its denial by the oc- 
cupier of its seat. The widow and the orphan al- 
ways found in him the warm friend and gratuitous 
advocate. — His lively cast of temperament and af- 
fability of manners relieved the wearmess which 



10 

must sometimes overcome the niost industrious of 
a vocation whose responsibilities are so numerous 
and weighty His pleasantry rendered the busi- 
ness either of the Court or the oflice, easy to him- 
self and agreeable to others. There was no as- 
sumption, or affectation, or simulation about him. 
To his associates at the bar, he was unreserved, can- 
did, and explicit, — neither cold nor repulsive, nor 
yet too compliant. He urged with fearless perse- 
verance the views presented to his own judgment, 
without passing the boundaries of complaisance- 
He estimated the dignity of his post too highly to 
admit an identity of the counsel with the party he 
represented. He scorned advantage, though he 
insisted on right. He considered himself not the 
instrument, but the protector of a litigant. 

An intellect so active, well-stored and vigorous, 
so commanding and comprehensive, was not per- 
mitted to continue in one department. His politi- 
cal talents were of the highest order. They parti- 
cularly attracted the admiration of the State at 
the signal revolution of 1800,. which brought the 
llepublicans into power. It was a crisis more than 
any other since the overthrow of a foreign mo- 
narchy, pregnant with the fate of substantial liberty 
and popular rights. To borrow the words of one 
of the greatest of modern orators on a different 
occasion, " It was a time for a man to act in. We 
had powerful enemies ; but we had faithful and de- 
termined friends and a glorious cause. We had a 
great battle to fight, but we had the means of fight» 
ing. We did fight that day, and conquer." That 
conflict, my friends, was not the every-day strug- 



11 

gle of mere competitors for office : It was not u 
contest waged chiefly tor the selection of men, not 
the common rivalship for personal popularity dis- 
connected from the comparative qtialifications and 
claims of the candidates, too often " a conclusion," 
(to employ an expression of Dr. Johnson) " in 
which nothing is concluded." The most virtuous 
patriots and consummate statesmen were arrayed 
in the contending ranks« It was a mighty warfare 
for principles involving the very " breath of life" 
of the national constitution. It was a crusade 
against measures, a policy and a conduct which, 
(however righteous the motives of their projectors) 
the people of the United States felt unsuited to their 
genius, and a violence to the safe -guards of the 
Republic. Th« victory then achieved, (if I may 
be allowed the expression) '' saved alive the soul" 
of the government. *' I speak with the freedom of 
history, and I hope without offence." 

It was at this triumph that the constituents of his 
native parish a second time selected our deceased 
friend their representative in the Legislature. His 
election as Speaker of the House, proclaimed the 
voice of Carolina for Mr, Jefferson, and he was 
appointed an elector of that illustrious ornament of 
the age, whose name and fame are as imperishable 
as the spark of liberty is inextinguishable in the 
bosom of Americans. The presiding officer of a 
legislative body at a season of such political effer- 
vescence, must necessarily possess great talents 
to preserve dignity and order in their deliberations. 
No ordinary degree of j idgment and tact is then 
requisite to enforce and regulate the employment of 



the time dedicated to the pubhc ousiness. It may 
safely be asserted that in so arduous a station, no 
one could have excelled him. He was never taken 
by surprise at the parliamentary questions arising 
so suddenly in debate, frequently proceeding from 
warmth, and made the test of relative strength, 
and too often handled as were the Parthian arrows, 
as the last expedient of those who are retreating 
under defeat. He resolved them without hesita- 
tion, and with reasons so lucid that all assented to 
the conclusion, with a conscious impartiality so 
evident to both sides of the house, that an appeal 
to themselves seemed almost obsolete from disuse 
In such scenes and elements he shewed a genius, 



" populares 

Vincentem strepitus etnatum rebus agendis." — 

As an Orator whether at the forum, in the Senate, 
or in a popular assembly, his rank vvas among the 
most eloquent. He was both persuasive and over- 
whelming. His style was perspicuous, easy, for- 
cible and glowing, far removed from effeminacy 
or redundance, or the slightest seemingness of pre- 
paration. It was decorated by the suitable orna- 
ments of a most finished education, and exhibited a 
fine and classical taste, acquirements which must 
always command a superiority. It was fervid, with- 
out exti avagance, florid without inflation, chaste 
and elegant without conceit or affectation. His 
language, where the occasion required it, (and an 
exquisite judgment could not mistake when it oc- 
curred) could rise to the loftiest elevation of elo- 
quence ; — it was always striking and pointed, ne- 
ver below the dignity of the most fastidious olr 



13 

refined understanding. It could flow in a majestic 
stream, and like the Pactolus roll golden particles 
in its current. There was in it too a peculiar con- 
ciseness, energy snd terseness seldom united with 
so much grace. 1 here was no timidity or weak- 
ness of expression, — no ambiguity or obscurity of 
phrase, no masking of the real purpose of the dis- 
course by vague terms. His ideas seemed as ra- 
pidly communicated to his hearers, as they passed 
over his own creative imagination. Ihey escaped- 
from his lips clothed in the garment exactly fitted 
to them, illustrating the philosophical remark cf 
Bufibn, " Le style est I'homme mcnie." The 
light and fire and vehement enthusiasm of his mind, 
were transfused to the sentence uhich was the in- 
stantaneous conductor of his thoughts to the intelli- 
gence of his audience 

In argument and debate he was powerful. He 
had a penetration which could fathom the abysses 
and trace the most intricate windings of the human 
heart. No recesses or mazes were undiscoverable 
by his sagacity. The labyrinth of craft and arti- 
fice was as passable to his scrutiny, as the straight 
road of plain dealing. He saw his way distinctly 
himself, and could illuminate it for others by the 
torch of his genius, and open it by the clew of his 
acute perception. In truth he was 

" a great observer, and looked 

Quite through the deeds of men." 
He was capable too of rousing and captivating the 
passions, when eternal justice cried aloud for ven- 
geance on her insult. He could then seize the cita- 
dels of the sensibilities and tender susceptibilities 
of our nature, and gain the trophy of pathetic ar- 



H 

dor. 'I'his was strikingly exGiiiplified in a ver} 
memorable case, the arraigning of the murderer of 
a relative. On this occasion so awful and impres- 
sive, he poured forth the tremendous invective and 
overpowering philippic of Cicero against Catiline 
and Vcrres, and the all-subduing denunciation of 
Anthony over the dead body of Caesar. Every 
feeling of abhoiTence at the atrocious enormity of 
the crime, was excited in the breasts of the crowded 
audience, whose eyes were suff jsed in tears for 
the untimely and violent fate of the^ assassinated 
friend of the Orator ; and the perpetrator of the 
deed paid t!ie forfeit of his life, exacted by the 
laws of earlh and heaven, and claimed by the an- 
guish of an agonised family, and by an offended 
country, through the feeling and s[)lendid appeal of 
the accuser, who vindicat(;d their wrongs and 
aven.Ged the ghost of his slaughtered kinsman. 

It was not only in tlie style, reasoning, and solid 
strength of his speeches, that he evidenced an inex- 
haustible treasurof^^f natural and acquired endow- 
ments as an Orator. There was a melody, an har- 
monious compass of voice, a distinctness of elocu- 
tion, an ardent animation of manner, which en- 
chained the fixed attention of his hearers, to the 
end of a discourse always limited in its range by a 
happy condenseness. His whole delivery delight- 
ed them, enlivened the arena of public and forensic 
business, and carried the conviction that he argued 
in the fairness ofreasoning, aloof from the ensna- 
ring or entangling subtleties of a recondite and ab- 
struse logic. His oratory was a happy* specimen 
of what Cicero admired as uniting the valuable 



attributes of a public speaker — " Eloquens is, qui 
in foro, causisque civilibus, ita dicet, ut probet, 
ut delectet, ut flectat. Probare necessitatis est; 
delectare, stavkatis : flectere victorise. Nam id 
unnm ex omnibus ad obtinendas causas potest 
plurimum."— (Ora^. ad Brut. S 21.) 

It was not in his extemporaneors speeches alone 
that lie was distinguished. As a writer, his com- 
positions were an admirable model of imitation. 
One I well remember, (as do many who are here 
present) delivered by him where I have now the 
honor of appearing before you. IIo was the first 
Orator appointed at the formation of the '76 Asso- 
ciation. On the anniversary of the nat-ional consti- 
tution, he pronounced a finished encomium on its 
august framers, and a most luminous commentary 
on the blessings it would secure to our happy land, 
and the sanctuary which would be opened to the 
persecuted and oppressed of all nations and climes, 
under this wonderful, and I hope indestructible, 
edifice of republican government. 

He possessed too in a transcendent degree that 
rare talent which, like the poet's, is a gift of na- 
ture, genuine wit. It was playful and sportive, 
elastic and recreative in the hours and toils of bu- 
siness, diffusing cheerfulness and social charm, but 
never outstepping dignity. It exhibited a mirthful 
irony, without violating courtesy. It conveyed 
the sting too when deserved, and the aptness of the 
moment never escaped his sagacity. His sarcasm 
could be poignant and bitter. W hen the occasion 
called for it, ridicule was a formidable weapon in 
his bands. In his satire, there mingled sometimes 



16 

the sprightly and instructive vivacity of Horace, at 
others the serious and terrible severity of Juvenal. 
Perhaps no faculty of the mind requires more wa- 
riness and prudence in its just and wholesome ex- 
ercise, and none so frequently confounded with its 
spurious substitutes. Risibility can easily be ex- 
cited by the humour of burlesque and drollery, but 
this is the proper diversion of a farcical afterpiece. 
The pretence of rudeness or flippant conceit, mis- 
takes as a sign of its triumph, what is its best pun- 
ishment, unretaliating silence.. 

After a service of several years in the Legisla- 
ture, (during which he declined a re-election to the 
Chair, from the principle he professed that such 
honors should be partaken of in rotation by others) 
he retired to more tranquil scenes. But in the con- 
test of 1808, which resulted in the elevation of 
Mr. Madison to the Presidency, and the continu- 
ance of the Republican system of administration, 
he was induced to add the weight of his abilities, 
political popularity, and influence, to the cause of 
his party. He was returned a member of the 
House, from the Parish of Christ Church. His 
able discharge of the duties of Speaker, was still 
fresh in the rememberance of all. The station was 
again conferred on him under circumstances highly 
flattering and complimental. 

It was during this session that the Court of Ap- 
peals in Equity was established, a tribunal which 
greatly meliorated the condition of our judicature. 
It was a reformation introduced and supported by 
the most enlightened of the profession. The ac- 
knowledged talents, erudition and experience of 



IT 

tho oilicei* who presided over the house, identided 
hiiii at (Mice witJj the institution they had created. 
He was investo<} witii the ermine by an unanimity 
seldom paralleled. In this ofHce so vitally impor- 
tant to the great interests of property, and the do- 
mestic and business relations of society at large, 
his unclouded intelligence, quick-sighted acumen, 
and solid strength of judgment, applied with readi- 
ness and singular aptitude the doctrines of Chan- 
cery to the cases which called for his adjudication . 
Of these doctrines his knowledge wns extensive, 
profound and eminently practical. His decrees 
were pronounced with a promptness arid decision 
equally removed from precipitancy or unnecessary 
delay. They were the exact type of his ideas, 
clear and easily inLciligiblo to all. They were 
encumbered by no superfluous reference to autho- 
rities, no pedantry of the science, (of which for the 
occasion he conceived himself the expositor and 
the minister,) no useless elaboration in arriving at 
a conclusion. His analyzing mind had thoroughly 
investigated the original sources of our jurispru- 
dence by which he was to be governed. A most 
felicitous memory could array instantly the printed 
guides he was to follow, while his nice discrimina- 
tion developed the spirit and reason of the equitable 
and legal codes he was dispensing. No Chancel- 
lor submitted with more deference to points already 
decided, though they met not his concurrence. 
No one was more zealous in preserving inviolate 
the great land- marks of the system, though the 
bold independence and activity of his penetrating 

vnind ^vould discern, and would fearlessly assert, 
8 



IS 

when requisite, the inapplicability of some antique 
principles to our unparalleled institutions. What 
was said of Lord Thurlow by an admirer, may be 
repeated of him, " I never found that he meant to 
break through the rule. No man criticised more 
upon rules laid down by other judges, but no man 
was more rigid in observing them, when he could 
once deduce them." — Sd Vesey^ 527. 

Judge Gaillard, though anxiously desirous 
of sustaining the boundaries between the tribunals 
of law and equity, wished to assimilate as far as 
is practicable in wise discretion, and to amalga- 
mate in the administration of justice, the nature 
of each Vvith the other. His view might be some- 
what similar to w hat Lord Eldon declared of two 
objects of his admiration — " Chief Justice De 
Grey said, he never liked equity so well as when 
it was like law. The day before 1 heard Lord 
Mansfield say, he never liked law so well as when 
it was like equity ; — remarkable sayings, (he added) 
of those two great men, which made a strong im- 
pression on my memory."'' — 6 Fes. 259. There 
was a very general acquiescence in or confirmation 
of his decrees. When he differed with the bench 
of his judicial colleagues, it was then he took more 
than ordinary pains. His lights and learning be- 
came then peculiarly public property. They 
were put forth to be examined by all, not for dis- 
play or effect, but from an imperative sense of indis- 
pensable duty, which would withhold nothing from 
the suitors, the bar and the community. His am- 
bition was lo satisfy himself that his judgment was 
supported by principle and precedent^ — and when 



19 

precedent failed, the exuberance of his intellect 
was never bewildered in reaching the point where 
justice should prevail. A Judge who should com- 
mence with, " Having had doubts upon this Will 
for twenty years," would, (however extraordinary 
his attainments) in our country, he soon transfer- 
red to the chair of a professorship, as better adapt- 
ed to his lucubrations than the business for which 
laws and courts are designed. 

The satisfaction afforded by the amenity of his 
manners, the resolute and wise exercise of his offi- 
cial power, the disposition to accommodate where 
there was no sacrifice of what he deemed not under 
his control, by the safety and correctness of his 
decrees, and a judicious despatch of business with- 
out haste or impatience, was fully manifested by a 
re-election of our lamented friend as complimen- 
tary as his first, when the Chancellors resigned to 
receive a compensation more equivalent to their 
labors ; — a testimonial certainly not of doubtful 
cliaracter. 

In 1824, a new arrangement of the Circuit and 
Appeal Courts was organized. Whether this inno- 
vation is an improvement on the preceding models, 
(one of them coeval with our Constitution, another 
existing for sixteen years,) must be left to a test of 
the same duration, if a triumvirate is not long be- 
fore superseded by other experiments. At this 
period of the partition and division of judicial la- 
bors, the duties of the law bench were allotted to 
Judge Gaillard, — the number of Chancellors 
being reduced to two, and they and the law Judges 
rendered subordinate to the appellate. The ver- 



sAtility of his genius^ tlao vajic' y of his ihtoriiiatioii,' 
and the speediness with wliich he could recover the 
recollection of former and grnsp (he extension tjnd 
accuhiulation of any knowledge, soon rendeied 
his novel situation light and fainiiiar to him. It 
furnished too a wider and more apposite scope for 
bis popular, delightful and commanding eloquence, 
than the fabric of the Chancery scarcely ever pre- 
sents. His chargQg to the Jury compris(=d so suc- 
cinct a compendiuin of the circumstances and 
proofs, that the various capaciti<^s of our citizens 
embraced without fatigue the compass of the case. 
His abstract so divested it of the extraneous and 
irrelevant, that their good sense con Id review the 
concentrated weight of the testiuiouy with the ease 
their memory could retain the incidcuiS of an im- 
pressive narrative. In conducting their atlention 
to the law ^hich was absolutely to control them, 
he was distinct, crontident -muI energeJir, avoidmg 
alithoritative dictation, but mnintuining tf:e prero- 
gative of office bestowed by tlic j.opnlnr sovereignty 
for the public good. He kiuwv and pnrliciuated in 
the feehngs of ihe people of liiis country too well, 
not to be certain that they would firmly and consci- 
entiously enforce the dominion of their laws, the 
only omnipotence under heaven which they ac- 
knowledge. 

As a magistrate, no one was actuated by a more 
strict and accurate senseof his duties to the public. 
During the sixteen years he served as a Chancel- 
lor, an excellent constitution, with uninterrupted 
health, enabled him to be constant at his post, and 
vigilant and unwearied in tbe discharge of itsfu«c- 



tions. He kncv well the rational allowances for 
the difiiciilties in which the counsel and clients, 
with all thoir diligence and zeal, must at times he 
embarrassed in their progress. But he avoided in 
his indulii^ence the extreme of either lenity or rio;or. 
When business could be done with efficiency, (the 
mere show of it he detested,) his co-operation and 
unrelaxing attention would accelerate its march. 
In a judicial administration approaching a quarter 
of a contury, (but one year less than Sir Matthew 
Hale's,) his good fortune would have been singuiai' 
indeed, had he escaped the insinuations and mur- 
murings of unjust discontent, oJ' jealousy or of en- 
vy, to which that celebrated English Judge was 
exposed, and vvhich all,- ^vhose pre-eminence 
eclipses inferior but \ispiring intellects, must in the 
general course of events expect to follow their sn- 
periority. The sturdy independence of Lord Coke, 
and the inflexible integrity of Clarendon, could not 
avert the stroke aimed by the vin<]ictiveness and 
malignity of enemies. The resentment of subor 
dinate minds, or narrow hearts, can never be ex- 
tinguished or appeased. It can only be silenced, 
if not satiated, by the removal or the downfall of 
the colossus which daily casts a shadow on the 
diminutiveness ot their statues. On such occasions^ 
pusillanimity is propelled by both consciousness of 
wrong and the dread of its object Such examj)lep 
verify the remark of the Roman historian who 
held the key to the human heart, that ill-will to- 
wards an individual is but the necessary conse- 
quence of having, injured him. A really great man 
should, however, treat the calumnies and scandals 



QC> 



of the assailants of his public character and the de- 
famers of the purity of his motives, with the dis- 
dainful contempt uttered by Mr. Burke for those 
who attempted to discredit him with his constitu- 
ents at Pristol— " The highest flight of such cla- 
morous birds is winged in an inferior region of the 
atmospliere. We hear them, and we look upon 
them, just as you do, gentlemen, when you enjoy 
your serene air on your lofty rocks, look down up- 
on the gulls that skim the mud off your river, when 
it is exhausted of its tide." 

In reference to the more active pursuits of life, 
and the frequent recurrence of occasions which call 
forth the strong and sometimes the violent emotions 
of the mind, as to passing scenes, perhaps Judge 
Gaillard's predoniinant passion was a deep, in- 
tense and ardent in'erest in the political fortunes and 
concerns of his country. From those of high rank in 
the profession, and on the Bench, in this hemisphere, 
we almost naturally look for this propension of the 
mind. All our institutions being reared on the 
foundation of I'rcedom and equal rights, those who 
from youth have imbibed in daily study the spirit 
of our laws and constitutions, appear as it were the 
vanguard in descrying their transgressions, and 
detecting aberrations from their injunctions. They 
habitually become guardians of the rights of their 
fellow-citizens, sentinels over the movements of 
those in power, antagonists of encroachment, 
champions of a constitutional and wise administra- 
tion, and suppressors of factious and indiscriminate 
opposition. To be the head of a party at any time 
is in general a testimonial of some talent, or some 



2-3 

signal service. But to be a loader ia the times 
which brought him on the pohtical stage, is an in- 
controvertible proof of intellectual supremacy. 
The immortal author of the Decline and Fall of 
the Roman Empire, who as a member of Parlia- 
ment studied men, as in his unbounded scholarship 
he studied languages and books, records from his 
personal observation, Mr. Fox's " argumentative 
vehemence, who in the conduct of a party approved 
himself equal to the conduct of an empire.^ ^ 

In the political sentiments and acts of our de- 
ceased friend, there were always discernible deci- 
sion and consistency. He was a greal advocate of 
the reform of our representation in the legislature, 
and of the extension of the elective franchise which 
has given our citizens equal privileges and equal 
participation in the enactment of the laws which 
are to govern them. lie was a politician, not for 
the gratification of his own ambition. He never 
swerved from uniformity to gain oflice, or for his 
own aggrandizement. He declined the solicitation 
of influential admirers during the late war, (while 
he resided at Columbia,) to represent them in Con- 
gress 5 as also two appointments (of District Judge) 
from the General Government. He was satisfied 
with the judicial honor which his native state had 
bestowed on him, though nature seemed to have 
destined him for a statesman. 

I have spoken chiefly of his public course. But 
in private life he possessed an alliance of qualities 
which endeared him to his friends, and of virtues 
which will render his memory sacred where the 
awful calamity of his loss is mostseverelv and hea- 



24. 

til}' felt. He was benevolent and kind to the poor, 
compassionate and charitably indulgent to the in- 
firmities of our iiature. Added to all, he was a 
religious man. In his Christian faith he was sin- 
cere and impregnable. I do know that h^i was 3. 
devoted and protbund student of divinity. An im- 
mense portion of his very generally extensive read- 
ing, was of the highest standard theological works. 
lie studied the inspired volumes for himself, but 
sought with an unabating avidity for the opinions 
and exi)ositions of learned divines, on the doctrines 
and mysteries of revealed religion. 'J'hough his 
preference of the faith and institutions of Protestant 
Episcopalians was decided and unmoved, he was 
too pious a man and too enlightened a citizen, not 
to hold in reverence all other pci'suasions and sects. 
Neither bigotry nor polemical controversy mingled 
with his own belief or liis atlJichment to the forms 
of worship wkicii he preferred. He claimed only 
for his own conscience and his own church, the 
inalienable iberties which our glorious, and happy 
constitsjtion lias guaranteed to all who worship God 
in spirit aial in truth. He thought with the ancient 
Christrians of Constantinople, "•Our bodies are 
Ccesar's, but our souls belong only to God." 

I'hat his devotion in the advancement of religion 
was fervent, and his piety ardent and practical, *'ever 
witness for him" two conspicuous monuments — 
The establishment of the fund for promoting the 
independence of the episcopate, and enabling the 
incumbent to supervise with undivided attention 
the general interests of the Diocess, was an object 
ef his intense solicitude. The erection of a holy 



25 

mansion for Episcopal servjce at the Capital of our 
State, was projected and achieved by his unremit- 
ting exertions. Philanthropy and industry, indeed, 
marked his steps towards every work in whose 
completion his foresight augured benefit and pros- 
perity to the public. 

Within the last three years of his life, it pleased 
Heaven to visit him with grievous affliction, which 
for a time deprived the State of his services. His 
sufferings were great, but he bore them with the 
serenity and fortitude of philosophy, — and with the 
patient and humble submission of the pious, who 
look to " things which must be hereafter." As 
soon as his physical frame could gratify the aspira- 
tions of his mind, his irrepressible sense of duty 
rose paramount to every terrestrial consideration. 
He undertook the remote journeyings requisite in 
the performance of judicial functions. The last 
act of his high offiqe, was the trial of a citizen for 
his life. He thought the accused innocent and in- 
jured. His eloquent charge conduced to his ac- 
quittal. His robust mind rose above bodily debi- 
lity, and the blaze of his genius flamed radiant and 
resplendent like the light of the setting sun. But 
the infirmity of his system could not long sustain 
the weight or support the active operations of so 
powerful an intellect. This was too observable to 
the friends and gentlemen of the Bar who were 
around him. With a kindness and tenderness, the 
unerring indication of magnanimity, they endea- 
vored to arrest even his further thought of business. 
Their urgent advice could not prevail over his own 
ViMVMofius duty. He proceeded on his journey to 



26 

the adjoining districf, — but nature was exhausted, 
and his mortal career was drawing to a close. 
Convinced that his end was approachinjj, he looked 
to it as a termination of his woes. With the un- 
daunted Koman he thought — 

" Of all the wonders that I yet have heard, 

It seems to me most strange that men should fear ; 

Seeing that death, a necessary end, 

Will come — when it will come." — 

It had no terrors for him. He had done his earthly 
duties to the best of his powers. He met it as a 
"welcoming messenger. It was his relief that he 
had finished his course It had been his hope, that 
like his venerable brother, (that amiable and exem- 
plary statesman, so long the popular President of 
the national Senate,) he should terminate his life 
while in the actual service of his country. That 
hope was realized, and 

" He gave his honors to the world again — 

His blessed part to heaven, and slept in peace." 

This excellent man, this public-spirited patriot, this 
pure and worthy magistrate, expired at a distance 
from his home, and unsurrounded by his family. 
Kis fate in this was peculiarly like Agricola's. 
** Omnia sine dubio, optime parentum, adsidenie 
amantissima uxore^ superfuere honori tuo, pauci- 
oribus tamen lacrymis compositus es, et novissima 
in luce, desideravere ahquid oculi tui." 

If through the inscrutable wisdom of Omniscience, 
it was denied to affectionate children to administer 
the last offices to parental love, it is a comforting 
solace that he died not among stran^^ers. His last 
day was with those who could condole and lyrapa* 



27 

thize with their bereavement, and who in a long 
lapse of years well knew his virtues and his useful- 
ness. His obsequies were performed and attended 
by admirers of his life, and venerators of his me- 
mory. To them, I am commissioned on behalf of 
sorrowful distress and wounded hearts, to express 
their warmest obligation and most lasting gratitude. 

'J'he departure, fellow citizens, of our lamented 
friend, from the scenes of this life, seemed ordained 
by Heaven, " in its wise mercy," at a crisis suited 
to and congenial with his fame. From the nature 
of his affliction, which the preparation of his mind 
had made him certam would eventuate in his disso- 
lution, he did not look forward or ever hope for a 
prolongation of existence, under the prospect of 
being unequal to the labors of his station. It is a 
consolation to his surviving friends, (as I know it 
was the pride and desire of his latter days) that it 
should be said of him — He died at his post. 

Every good citizen, and every faithful public 
servant, may wisely and piously repeat, " Let my 
last end be like his." 



Sii 

vin 418 410 5 



